The Swanage Pier Company SWANAGE PIER BYELAWS 2012 BYELAWS made by The Swanage Pier Company, in exercise of powers conferred by of Section 83 of the Harbour, Docks and Piers Clauses Act 1847 (incorporated into the Swanage Pier Act 18591 by section 1 thereof) and Section 33 of the Swanage Pier Order 1895 (as confirmed by the Pier and Harbour Orders Confirmation (No 2) Act 18952) and all other powers enabling them including section 57 of the Criminal Justice Act 19883, hereby make the following byelaws 1 1859 c. lxxvii. (22 & 23 Victoria) 2 1895 c. iv. (59 Victoria) 3 1988 c. 3 The Swanage Pier Byelaws 2012 1. TITLE AND COMMENCEMENT. These Byelaws may be cited as the Swanage Pier Byelaws 2012. These Byelaws shall come into operation on the expiration of fourteen days after the date of confirmation by the Secretary of State. 2. APPLICATION. These Byelaws shall apply to all parts of the limits of Swanage Harbour and to Swanage Pier. 3. INTERPRETATION. In these Byelaws, unless otherwise expressly provided, the following expressions shall have the meanings: "By day" means between sunrise and sunset. "By night" means between sunset and sunrise. "The Collisions Regulations" means the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulation 19964. "The Company" means the Swanage Pier Company and/or its successors or authorised agents as Harbour Authority for the Swanage Pier. "Goods" means wares, merchandise articles or things of any description whatsoever. “The Harbour Master" means the Harbour Master for the time being appointed by the Company and shall include duly authorised deputies and assistants. "Length" in relation to any Vessel means the length overall. "Master" when used in relation to any Vessel means the Master or any person whether the Owner, Master, Agent or other person either lawfully or wrongfully for the time being having or taking command, charge or management of such Vessel. "Motor car” and “motor cycle" means vehicles so defined in section 136 of the Road Traffic Regulation Act 19845. "Owner" when used in relation to goods, shall be understood to include any consignor, consignee, shipper, or agent for sale or custody of such goods, as well as the owner thereof. "Petrol Vessel" means a Power Driven Vessel the motive power of which, whether principal or auxiliary, is supplied by petroleum spirit (as defined in the Petroleum (Consolidation) Act 1928).6 "Power Driven Vessel" means any Vessel propelled by machinery. "Small Vessel" means any Vessel the length of which does not exceed 10 metres and the draught of which does not exceed 1.5 metres. 4 SI 1996/75 5 1984 c. 27 6 1928 c.32 2 "Swanage Harbour" means the area of sea shown edged red on the map annexed to these Byelaws lying within the enclosed waters of the following positions from Swanage Pier 2 Fixed Red Lights in position Latitude 50o 36'.53N Longitude 001o 56.86W and “the Harbour” shall be construed accordingly. Position a Bearing 226½o (T) Distance 315m (Toll Booth) Shore Position b Bearing 231o (T) Distance 205m Position c Bearing 243o (T) Distance 215m Position d Bearing 295½o (T) Distance 120m Position e Bearing 039o (T) Distance 210m Position f Bearing 092o (T) Distance 210m Position g Bearing 156½o (T) Distance 105m Position h Bearing 217o (T) Distance 185m (Buck Shore) "Swanage Pier" means the quays and piers as defined in the Pier and Harbour Orders Confirmation (No 2) Act 18957 together with all landing places, works, buildings, structures and conveniences now and hereafter existing thereon or connected thereto and "the Pier" shall be construed accordingly. "Trailer" means a vehicle not being self-propelled, the only method of propulsion of which is by means of being towed or otherwise propelled by another vehicle. "Under way" when used in relation to Vessel means a Vessel when not at anchor or moored or made fast to the shore or aground and for this purpose a Vessel dropping up or down the Harbour with her anchor on the ground shall not be regarded as at anchor. "Vessel" means any vessel, ship, lighter, keel, wherry, barge, boat, raft, hulk, pontoon, floating or submersible container, houseboat or craft of any kind whatsoever however navigated, propelled or moved. Management of Vessels while entering, leaving or within the Harbour 4. GENERAL REGULATIONS AS TO NAVIGATION OF VESSELS (1) The Master of every Vessel within the Harbour shall navigate that Vessel:- (a) with care and caution and at a speed so as not to endanger the lives of, or cause injury to, persons, or endanger the safety of, or cause damage to, any other Vessel or any mooring or any other property of any kind whatsoever, whether real or personal. (b) with special care and caution when passing any other Vessel, whether moored, anchored or under way including any such Vessel or buoy bearing the International 'A' Flag. (2) The Collision Regulations shall apply to the Harbour. 5. SIGNALS ON THE PIER 7 1895 c. iv. (59 Victoria) 3 (1) The Master of a Vessel shall, whilst the Vessel is under way within the Harbour, obey the instructions signified by any such signal as is specified in Paragraph (2) of this Byelaw, as and when displayed from time to time by the Harbour Master from the Pier PROVIDED that the compliance by the Master of a Vessel with the requirements of this Byelaw shall not relieve such Master of responsibility for the safety of the Vessel, or of the need to comply with the provisions of any enactment for the time being applying to the Harbour (including any Regulations or Byelaws made under such enactment). (2) The Signals mentioned in Paragraph (1) of this Byelaw are set out in Column A hereunder indicating the Signals which will be shown by Day or Night; each Signal vertically displayed shall convey the meaning and instruction respectively assigned to it in Column B hereunder:- A B Three Red Lights A Vessel is leaving or about to leave the Harbour and no other Vessel may approach the Harbour in such a way as to obstruct the Harbour. Three Green Lights A Vessel is approaching the Harbour from seaward and no Vessel may leave that part of the Harbour. 6. NOTICE OF ARRIVAL (1) All commercial Vessels wishing to use the facilities of the Pier must give the Company twenty-four hours prior notice, unless in an emergency. (2) The Master of any Vessel arriving at the Harbour shall (if requested by the Harbour Master) provide to the Harbour Master details of:- (a) the name and description of the Vessel (b) the draught of the Vessel (c) the tonnage of the Vessel (d) the name of the Master (e) the place from which the Vessel has arrived (f) the port or place to which the Vessel belongs (g) full particulars of the Cargo or Passengers. (3) Any information requested by the Harbour Master under paragraph (2) of this Byelaw shall be provided within twenty-four hours of such request. 7. ANCHORING OF VESSELS GENERALLY AND SLIPPING ETC. OF ANCHORS, CHAINS AND CABLES (1) The Owner or Master of a Vessel in the Harbour shall ensure that such Vessel has proper cables, chains or hawsers for the purpose of anchoring or fastening such Vessel. (2) The Master of a Vessel shall not put down any anchor whether at moorings or in any other place in the Harbour except:- (a) in cases of emergency 4 (b) for the purpose of swinging as part of a manoeuvre; or (c) with the previous consent of the Harbour Master. (3) Where the Master of a Vessel puts down an anchor in case of an emergency, the anchor shall be taken up as soon as practicable. (4) The Master of a Vessel which has slipped, parted from or lost any anchor, chain or cable within the Harbour shall forthwith give notice thereof to the Harbour Master and of the position of such anchor, chain or cable, and, if the Harbour Master so directs, shall cause such anchor, chain or cable to be recovered as soon as practicable. (5) Where the Harbour Master consents under paragraph (2)(c) of this Byelaw to the putting down of an anchor from any Vessel, or where any Vessel slips, parts from or loses any anchor, chain or cable, the Harbour Master may direct the Master of such Vessel to comply with any direction given to such person by the Harbour Master under this paragraph (6) No person shall fasten any Vessel to a navigational or marking buoy. (7) If any Vessel be fastened to a marking buoy the Harbour Master may cast off the rope or chain with which the Vessel is fastened, or may direct the Master of such Vessel to so cast off, and no Master of a Vessel shall without reasonable excuse neglect or refuse to so cast off, provided that before the Harbour Master shall take any steps to moor, unmoor or anchor a Vessel or to weigh anchor, or to place or move the Vessel, he shall ensure that there are sufficient persons on board to attend the Vessel during such operation. (8) No person shall, without the permission of the Harbour Master, fasten any Vessel to any property of the Company whether real or personal, or to anything on land within the Harbour other than the mooring buoys, bollards and rings provided by the Company for that purpose. 8. VESSEL'S ANCHOR ETC. TO BE READY TO LET GO IN EVENT OF EMERGENCY The Master of a Vessel within the Harbour shall have the Vessel's anchor and cable or chain ready to let go in the event of any emergency requiring their use for the safety of such Vessel or any other Vessel or any property of any kind or any person.